A. In the trademark objection procedure, apply to the Trademark Office for the recognition of a well-known trademark: that is, if the objector thinks that the trademark preliminarily approved and announced by the Trademark Office constitutes a copy, imitation or translation of its previously registered well-known trademark, he shall file an application for the recognition of a well-known trademark at the same time as filing an objection application.
B. In the case of invalidation of a trademark, the Trademark Review and Adjudication Board shall apply to determine that the trademark is well-known: that is, if the applicant thinks that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, he shall submit relevant materials to prove that his trademark is well-known to the Trademark Review and Adjudication Board at the same time as making a request for invalidation of a registered trademark, and the Trademark Review and Adjudication Board shall determine his trademark as a well-known trademark.
C. Apply to the local administrative department for industry and commerce for the recognition of a well-known trademark during the administrative treatment of trademark infringement: if the applicant thinks that the trademark used by others infringes on his exclusive right to use a trademark, he may submit a written request to the administrative department for industry and commerce above the city where the case occurred and submit relevant materials of his well-known trademark.
D apply to the local intermediate people's court for the recognition of a well-known trademark in a civil lawsuit of trademark infringement.
Extended data:
The following factors shall be considered when identifying well-known trademarks:
(a) the public's awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
According to the provisions of judicial interpretation, if one party requests protection for a well-known trademark that has been recognized by an administrative organ or a people's court, and the other party has no objection to the well-known trademark involved, the people's court will not examine it. Where an objection is raised, the people's court shall conduct an examination in accordance with the provisions of Article 14 of the Trademark Law.
Baidu encyclopedia-well-known trademark